( 1 ) THIS appeal is directed against the appellate order passed by the learned Additional District Judge, 14th Court, Alipore whereby he set aside the order of dismissal dated August 8, 1979 passed by the learned Subordinate Judge, 7th Court, Alipore in Title Suit No. 98 of 1974. The suit is one for declaration of the plaintiff's right of pre-emption in respect of the suit property and for specific performance of contract.

( 2 ) THE plaint case is that one Ramcharit Shaw who owned premises Nos. 7/4, 7/5 and part of 9, Munsigaunge Road, P. S.- Watgaunge, died in the year 1966 leaving his three sons including the plaintiff who jointly inherited the property in equal share. By a registered deed of partition executed on March 31, 1968 the inherited property was partitioned amongst the three brothers. It was provided in the deed of partition that if any of the parties intended to sell his allotted property he would intimate the others about his intention to sell and the other parties would have the right of pre-emption to purchase the property of the party intending to sell his share. One of the brothers, Harinaryan Shaw died on November 25, 1974 leaving the defendants